Your “Rate Plan” includes your Service allotments, for example, for minutes, messages or data, rates, and other terms. UVNV may introduce access to new technologies, features, or services that you can add for an additional charge. You can check your current usage by visiting UVNV's IoT Portal. If any term in your Rate Plan conflicts with these UVNV T&Cs, the term in your Rate Plan governs.
Data service may be included in your Rate Plan or data add-on or you may be charged for data usage on a pay per use basis (“Data Plan”). Your Agreement will contain more information about how we calculate data usage. You can check your current usage by visiting UVNV's IoT Portal. If you do not have a Data Plan, your Device may not be able to access data services.
These UVNV T&Cs describe the experience you can expect on the Network, including information about our reasonable Network management practices.
Your experience on the Network may vary and change without notice depending on a variety of factors. You agree that we are not liable for problems relating to Service availability or quality.
Your Service will operate only after you have purchased and activated a UVNV Rate Plan.
Charges.You agree to pay all charges we bill you or that were accepted or processed through your Device or on such other Devices connected with your account and as designated in your Rate Plan you agree to provide us with accurate and complete billing information and to immediately report to us all changes to your billing information.
Voice Usage. UVNV Rate Plans may include a voice plan as part of your Service. We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time the Carrier begins to process a call through its termination of the call and the Network disconnects.
Data Usage and Messaging. UVNV Rate Plans may include a data plan (“Data Plan”) as part of your Service. Data usage is rounded up to the next full-kilobyte increment at the end of each data session. For all UVNV Rate Plans, 1 gigabyte of data is equivalent to 1,000 megabytes. Your data usage includes, among other things, text, web browsing, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages. All data purchased with an UVNV Rate Plan (both data that comes with a particular UVNV Rate Plan and any additional data you purchase as an add-on) will expire immediately upon termination of your UVNV Rate Plan for any reason.
Permissible and Prohibited Uses. Your Data Plan is intended for the approved Service Applications in the Agreement. Examples of prohibited uses can be found in the Agreement, these UVNV T&Cs and in our Acceptable Use Policy.
Data Usage Level. UVNV has set a 4G data usage level (“Usage Level”) for each of its Rate Plans based on plan period, except for its Pay-Per-Use plans. For purposes of these UVNV T&Cs, “4G” means minimum data speeds equal to the lesser of (i) an average of 1.0 mbps over a plan period service term, or (ii) the average Network speed in your market over a plan period service term as dictated by the Carrier (over which UVNV has no control). Our Carrier measures your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over the applicable plan period (“Usage Total”), exceeds the plan period's 4G Usage Level for the Rate Plan you selected. Please note that Actual Usage includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded, as well as Network overhead. For example, if you request that an image be downloaded to your Device, but travel outside of your Network coverage area before the download is complete, such request will be included in your Actual Usage even though the image was never downloaded to your Device. If you purchased a Rate Plan that includes a finite amount of data in a plan's Service period, your data will be suspended once you reach the plan period data limit and reset upon the commencement of the following plan period's Service beginning. If you purchased a Rate Plan that includes unlimited data and you exceed your Rate Plan's Usage Level, UVNV may reduce the speed at which you can send and receive data over the Network until the end of the applicable plan period. If you continue to send and/or receive a substantial amount of data (as determined by UVNV or the Carrier in each of their sole discretions) after our initial reduction of your data speed, we may further reduce your data speed to 128 kbps. Once you begin a new plan period in your Rate Plan, your Rate Plan Usage Level will be reset and your upload and download speeds will be restored. For example, if a Customer purchases a Rate Plan that includes unlimited data service, but only includes up to 1 gigabyte of high speed data at 4G speeds during a given plan period, then the first gigabyte of data requested by that Customer in that plan period will be provided at up to 4G speeds (subject to 4G Network availability and the actual Network speeds of UVNV's Carrier). Any data uploaded or downloaded in excess of 1 gigabyte will be provided at reduced speeds. Please be aware that your Usage Level is much more likely to exceed your Rate Plan's plan period Usage Level if you use streaming video, or if you download significant quantities of music files, movies, software applications, or engage in other high-bandwidth activities.
Protective Measures. To provide a good experience for the majority of our Customers and minimize capacity issues and degradation in Network performance, we may take measures including temporarily reducing data throughput for a subset of Customers who use a disproportionate amount of bandwidth. If you use your Data Plan in a manner that could interfere with other Customers’ service, affect the Carrier's ability to allocate Network capacity among Customers, or degrade service quality for other Customers, UVNV or the Carrier may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan which may result in an increased cost. The Network is managed to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of Network congestion, result in reduced speeds for other services. Additionally, other Network management practices may be implemented, such as caching less data, using less capacity, sizing video more appropriately for a Device to transmit data files more efficiently, and deploying streaming video optimization technology, which may affect the performance and download times of data-heavy activities such as video-streaming on some unlimited plans. Streaming video optimization technology is intended to manage data usage on the Network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves streaming video reliability as well as makes room for other users to enjoy higher browsing speeds. Detectable video may typically stream at DVD quality or Standard Definition.
Wi-Fi Features. UVNV or Carrier, at their sole discretions, may make available Wi-Fi voice and text messaging services, i.e., the ability to originate and terminate calls and text messages over a Wi-Fi connection (“Wi-Fi Calling”). If offered by UVNV, Wi-Fi Calling will only be available for UVNV Resellers or End Users that (i) have a Wi-Fi capable Device with UVNV supported Wi-Fi calling capability, (ii) have Wi-Fi Calling service provisioned on their account, (iii) have a compatible SIM card, and (iv) are connected to functioning third-party internet service. Not all services available on the Carrier's Network are available while using Wi-Fi Calling. For example, emergency alerts may not be available with Wi-Fi Calling. You acknowledge that calling 9-1-1 via Wi-Fi Calling uses the internet and operates differently than traditional 9-1-1. For example, 9-1-1 may not work during power or internet outages or disruptions, or if internet or your Service is suspended. Location information when using Wi-Fi Calling may be limited or unavailable. When you call 9-1-1 over Wi-Fi away from your primary address, we and the Carrier may have no or very limited information about your location. Neither UVNV nor the Carrier are responsible or liable for anything related to your use of or inability to use any Wi-Fi Calling MADE AVAILABLE TO you, including, without limitation, any failure of emergency calls (whether 9-1-1 calls or otherwise). Wi-Fi Calling may decrement Rate Plan minutes. Most Devices will not transition between Wi-Fi and the wireless Network. Devices using wireless connections may be vulnerable to unauthorized attempts to access data and software stored on the device.
Your Device may connect to another provider's network even when you are within the UVNV coverage area. Check your Device to determine if you are roaming. There may be extra charges (including long distance, tolls, data usage) and higher rates for roaming usage, and your quality and availability of service may vary significantly. If made available, our roaming charges and rates are subject to change at any time.
Prioritization. To provide the best possible experience for the most possible Resellers and End Users on UVNV branded Rate Plans, for the vast majority of Rate Plans, UVNV or Carrier may prioritize the data usage of a small percentage of our heavy data users, specifically those using more than 30GB of data in a billing cycle, below that of other data users. This threshold number is periodically evaluated and may change over time. UVNV or Carrier also may prioritize the data of Resellers or End Users who choose certain Rate Plans after the data for other UVNV branded Rate Plans, but before Resellers or End Users who are prioritized as heavy data users. Resellers or End Users whose data is prioritized lower may notice speeds lower than those users with higher priority in times and locations where there are competing demands for Network resources. UVNV or Carrier may prioritize smartphone and mobile internet (tablet) over Smartphone Mobile HotSpot (tethering) traffic on the Network.
Streaming video optimization technology may be used in the Network to help minimize data consumption while also improving the service experience for all users.
Additionally, UVNV or Carrier may implement other Network practices to ensure optimized Network performance as technologies evolve.
The wireless Network is a shared resource, which is managed for the benefit of all of our users. Your Data Plan is intended for Web browsing, messaging, and similar activities. Certain activities and uses of our Services and your Device are permitted and others are not. For examples of permitted and prohibited uses, please refer to our Acceptable Use Policy and the Examples of Prohibited Uses of the Service section in these UVNV T&Cs. If you buy, lease, or finance a Device manufactured for use on the Network, you agree, and we rely on your agreement, that you intend it to be activated on our Service and will not resell or modify the Device, or assist anyone doing so.
You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your Rate Plan charges, and applicable Taxes and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and charges incurred and applicable Taxes and Surcharges. We may prevent a lost or stolen Device from registering on any network. California Customers: For charges incurred before you notify us, you are not liable for charges you did not authorize, but the fact that your Device or account was used is some evidence of authorization. You may request that we investigate charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the charges were unauthorized, we will credit your account. If we determine the charges were authorized, we will inform you within thirty (30) days and you will remain responsible for the charges.
You agree to pay all Charges we assess and bill you or that were accepted or processed through all Devices on your account.
Off-Rate Plan Charges. You may have to pay extra for calls to some numbers (e.g., conference & chat lines, broadcast, calling card, international, 900 or 976 calls, etc.). You agree to provide us with accurate and complete billing and tax related information and to report all changes within 30 days of the change.
We may charge a late fee of the greater of 1.5% per month (18% annually), subject to the maximum allowed by law. If you fail to pay on time and we refer your account to a third party for collection, a collection fee will be assessed by UVNV and will be due at the time of the referral to the third party. The fee will be calculated as a percentage of the amount due to the extent permitted, or not otherwise prohibited, by applicable law. If we accept late or partial payments, you still must pay us the full amount you owe, including late fees. Late payment, non-payment and/or collection fees are intended to be a reasonable advance estimate of our actual costs resulting from late payments and non-payments by our Customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set.
*License. If available, your Device's Software is licensed, not sold, to you by UVNV and/or other licensors for use as intended by the approved Service Application(s) in the Agreement. You may only use the Software as authorized by its license. Your Device's “Software” includes its software, interfaces, documentation, data, and Content & Apps, as each may be updated or replaced by feature enhancements or other updates.
*Your Consent to be Contacted. We may contact you without charge, on any wireless telephone number assigned to your account for any purpose, including marketing, and in any manner permitted by law. You also expressly consent to be contacted by us, and anyone contacting you on our behalf, for any purpose, including billing, collection, or other account or Service related purpose, at any telephone number or physical or electronic address where you may be reached, including any wireless telephone number. You agree that UVNV, and anyone contacting you on our behalf, may communicate with you in any manner, including using a pre-recorded or artificial voice, using an automatic telephone dialing system to place calls or send messages, or alerts, or using an automatic e-mail system to deliver email messages. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account or expiration of the Agreement.
Emergency Alerts. UVNV participates in the wireless emergency alerts program administered by the federal government within portions of its Network. This allows federal, state, and local government agencies to send alerts about local emergencies to Customers in specifically defined geographic areas. Wireless alert capable Devices with appropriate notification settings are required for the service. There is no additional charge for these wireless emergency alerts.
911 Access. 911 services are made possible by your state and local government. Check to see if your Devices are capable of making calls to 911 in the United States. The Device must have battery power and Network connectivity to complete a 911 call. When making 911 calls, you should be prepared to provide information about where you are located. In some cases, 911 communications center operators may not know your phone number or have information about your location. Other third-party entities are involved in connecting a 911 call and UVNV does not determine the public safety agency to which your 911 call is routed. If you are porting a phone number to or from us, while the port is in process, we may not be able to provide you with some Services, such as 911 location services. If you are outside the U.S., you may have to dial a different number than 911 to call emergency services.
Puerto Rico Customers. We will provide you with a determination regarding any dispute that is presented to us in accordance with this Section 11 within fifteen (15) days after we receive it. You may appeal our determination to the Telecommunications Board of the Commonwealth of Puerto Rico (“Telecommunications Board”) by filing a petition for review up to thirty (30) days after the date of our determination. Your petition for review shall be made through the filing of a document containing the following information: (i) your name and address; (ii) our company name; (iii) the pertinent facts; (iv) any applicable legal provisions that you are aware of; and (v) the remedy you are requesting. The document may be filed handwritten or typewritten and must be signed by you. You must send us a copy of your document to the following address: UVNV, Inc., 1550 Scenic Avenue, Suite 100, Costa Mesa, California 92626, Attn: Customer Service. You must send your petition for review to the Telecommunications Board at the following address: 500 Ave. Roberto H. Todd (Pda. 18 – Santurce), San Juan, Puerto Rico 00907-3941. The Telecommunications Board will review our determination only on appeal. You are advised of the provisions regarding suspension of Service that appear in Law 33 of July 7, 1985, Law 213 of September 12, 1996 and Regulation 5940 promulgated by the Telecommunications Board. You are also advised of Regulation 5939 of March 12, 1999 promulgated by the Telecommunications Board regarding the procedures for resolution of customer disputes.
*DISCLAIMER OF WARRANTIES. Except for the express warranties in the Agreement and any written warranty that may be provided with a UVNV Device you purchase from us, and to the extent permitted by law, the Services and Devices are provided on an “as is” and “with all faults” basis and without warranties of any kind. We make no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose concerning your Service or your Device. We can't and don't promise uninterrupted or error-free service and don't authorize anyone to make any warranties on our behalf. This doesn't deprive you of any warranty rights you may have against anyone else. We do not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur.
Services or Software provided by third parties (including voice applications), 911 or E911, text to 911, or other calling or messaging functionality, may work differently than services offered by us, or may not work at all. Please review all terms and conditions of such third party products. When using these products, we are not responsible for the availability or reliability of 911 calls or text to 911 messages, or if inaccurate location information is provided to the 911 Communications Center. We cannot assure you that if you place a 911 call or text you will be found.
We are not responsible for any download, installation, use, transmission failure, interruption, or delay related to Content & Apps, or any third party content, services, advertisements, or websites you may be able to access by using your Device or the Services, even if charges for Content & Apps appear on your UVNV bill. You are responsible for maintaining virus and other Internet security protections when accessing third party Content & Apps or other services.
Additional Software License Terms. Except as permitted by applicable law, you may not assign, transfer, sublicense, copy, reproduce, redistribute, resell, modify, decompile, attempt to derive the source code of, or reverse engineer all or any part of the Software, or alter, disable or circumvent any digital rights management security features embedded in the Software. The Software may not be transferable from one Device to another Device. You may not create derivative works of all or any part of the Software. You agree the Software contains proprietary content and information owned by UVNV, its licensors, and/or other third parties. UVNV, its licensors, and such other third parties reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You agree that your violation of the Software license harms UVNV, its licensors, and/or other third parties, that this harm cannot be fully redressed by money damages, and that UVNV, its licensors, and such other third parties shall be entitled to immediate injunctive relief in addition to all other remedies available.
If we don't enforce our rights under this Agreement in one instance, that doesn't mean we won't or can't enforce those rights in any other instance. If any part of the Agreement is held invalid that part may be severed from the Agreement.
You can't assign or transfer the Agreement or any of your rights or duties under it without our written consent. We may assign or transfer all or part of the Agreement, or your debts to us, without notice. You understand that the assignment or transfer of all or any part of this Agreement or your debt will not change or relieve your obligations under this Agreement.
The Agreement is the entire agreement between you and us regarding the rights you have with respect to your Service, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents.
The original version of the Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control.
The Acceptable Use Policy (“Acceptable Use Policy”) in Exhibit C is incorporated by reference into the Reseller Master Services Agreement and binding on Reseller and its End Users. Reseller will enter into terms of service with End Users which are at least as restrictive as the Acceptable Use Policy in this Exhibit C.
Examples of permitted and prohibited uses of the Service and Your Device
Except as may be specifically authorized by UVNV in Reseller's approved Service Application or unless explicitly permitted by your Rate Plan or Data Plan, you are not permitted to use your Device or the Services in a way that we determine:
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Collection and Use of Personal Information
Personal information is information that identifies or is associated with a specific individual, such as a name, address, email address, or telephone number. UVNV collects personal information about Resellers, End Users, and other individuals. The ways in which we collect personal information about you include, but are not limited to, the following:
Generally, UVNV collects the above information for the following purposes: (i) to improve your experience on the Sites; (ii) to improve the products and services that UVNV sells; (iii) to communicate with you regarding the Sites; (iv) to market and sell products and services to you and send you information about special offers; (v) to contact you about products or services you have purchased from UVNV; (vi) to respond to your inquiries; (vii) to manage and develop our business and operations, administer accounts, and collect and process payments; and (viii) to communicate with you about your account.
UVNV will not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to third parties, except that: (1) UVNV uses third parties to perform specific functions on its behalf and it must disclose information to help those parties perform their services (for example, UVNV would disclose your name, address and phone number to a commercial carrier such as Federal Express or UPS in order to deliver a physical product that you order); (2) UVNV must disclose your name and credit card number and information to financial services and credit card processing companies in order to process your orders; (3) UVNV may be required to disclose such information in response to a legal process, order or investigation (for example, a subpoena or court order); (4) UVNV may disclose personal information where disclosure is necessary to protect its legal rights or to protect itself or others (for example, in order to reduce the risk of fraud or illegal activities); (5) UVNV may share such information amongst the Affiliates for the purpose of marketing products and services to you; (6) UVNV may provide identity verification services to third parties and your personal information may be included in the data transferred to third parties in connection with those services; and (7) UVNV may acquire, merge with or be acquired by another company or it might sell some or all of its assets, and, in such a case, your personal information may be included in the transferred business assets. Also, in the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, we may not be able to control how your personal information is treated, transferred, or used and your personal information may be included in the transferred assets. UVNV may sell, rent, trade, license, use and disclose all non- personal information and aggregate information, so long as such information does not personally identify you or any user, to any third party for any purpose, including, but not limited to, research and analytical purposes.
Consumer Proprietary Network Information
Under federal law, you have a right, and UVNV has a duty, to protect the confidentiality of information regarding your use of the Services, the calls you place and the location of your Device on the Network when you make a telephone call. This information is referred to as, among other things, “Customer Proprietary Network Information.” We may share Customer Proprietary Network Information with Affiliates; provided, however, that we will first notify you of your rights under applicable law, describe how we intend to use the Customer Proprietary Network Information, and give you an opportunity to opt out of such use (or opt in, to the extent required by applicable law). Resellers are responsible for complying with federal regulations regarding End User Customer Proprietary Network Information.
Children's Online Privacy Protection Act
Our Sites are not intended for children under 13 years of age. No one under age 13 may provide any information, personal or otherwise, to or on any of our Sites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Sites or on or through any of its features, make any purchases, use any of the interactive features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the email address above.
California Subscriber Rights
As of January 1, 2021 if you are a California resident, as defined in the California Code of Regulations, you have rights under the California Consumer Privacy Act of 2018 (the “CCPA”). A description of your rights and disclosures about how we process your personal information are below.
The CCPA will give California residents certain rights regarding their data, including:
California residents will also have the right to not be discriminated against if they exercise their rights under the CCPA.
Before we honor your rights to request information or delete information, we must verify your or your authorized agent's identity. In certain cases, we may require you to provide additional information in order to verify your request.
UVNV does not sell your personal information, but we may disclose your personal information to service providers who support our operations.
Categories of Personal Information under the California Consumer Privacy Act
Privacy tools and choices
For CCPA related requests, please submit a request to your UVNV representative
What to expect once you submit a request?
UVNV will confirm receipt of the request within 10 days via email address you provided.
These Reseller Terms & Conditions (“Reseller Terms & Conditions”) are part of the Reseller Master Services Agreement (“Agreement”) you entered into with UVNV and constitute part of the binding terms under which we provide you Service. The Agreement includes other legally binding terms that you accept when you accept the Agreement. Your acceptance of the Agreement is also an acceptance of these Reseller Terms & Conditions, which are incorporated into the Agreement. 1. Resellers are restricted from any further sale or resale of the Services, except as part of a Service Application approved by UVNV and sold only to End Users. The End User's service contract and relationship regarding the Service Application must be with the Reseller. Reseller may not sell the Service Application to Excluded Distribution Partners or to any other person or entity for the purpose of that person or entity re-selling the Service Application under its own brand or pursuant to a service contract between the Reseller or End User and any person other than the reseller. Without limitation, Reseller will not sell the Services to any wholesaler or reseller.
Reseller will enter into terms of service with End Users which are at least as restrictive as the Mandatory End User Contract Terms & Conditions in this Exhibit F.
With respect to Bundled IoT Offerings, in addition to the Mandatory End User Contract Terms & Conditions in Exhibit F, Reseller will include the following binding terms in its contracts with End Users: